State v. Fuerte-Coria
Court of Appeals of Oregon
1Opinion of the CourtHaselton, P. J.
Defendant, who was convicted of multiple crimes “arising out of a continuous and uninterrupted course of conduct,” ORS 137.123(4), appeals, raising two challenges to sentencing: (1) the trial court erred in imposing mandatory sentences for certain crimes pursuant to ORS 137.700(2)(a) (Ballot Measure 11 (1994)), because that statute is facially unconstitutional; and (2) the court’s imposition of consecutive sentences for certain offenses, pursuant to ORS 137.123(5)(a), 1 was unconstitutional under the reasoning of Blakely v. Washington, 542 US_, 124 S Ct 2531, 159 L Ed 2d 403 (2004). We reject…
2Cases cited8 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
- State v. BrownOregon Supreme Court · 1990
- People v. WagenerIllinois Supreme Court · 2001
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3Cited by46 opinions
- State v. TannerCourt of Appeals of Oregon · 2006
- State v. TaylorCourt of Appeals of Oregon · 2005
- State v. YashinCourt of Appeals of Oregon · 2005
- State v. BarnesCourt of Appeals of Oregon · 2006
- State v. KinneyCourt of Appeals of Washington · 2005
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